HomeMy WebLinkAboutContract 27932, ,
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COMMIJNITI( FACILIiI�S AGR�EiI��f�7
THE STATE OF TEXAS §
. ��. , � _ . .���
City Secretary
COUNTY OF TARRANT §
Contract No.t�����
WHEf�EaS, Metroplex lnvestment Group. L.P., hereinafter ca�led
"De�eloper", desires to make certain irnpro�ements in Bear Creek Vis#a- Offsite
Sanitary Sewer, an addition to the Ci�y of Fort Worth, Texas; and
WHEREAS, the said Derreloper has requested the City of Fort Worth, a
municipal corporafion of Tarranf and Denton Counties, Texas, hereinafter called
"City", to do certain wor4� in connection with said improvements;
NaW, THEREFORE, �LNOW ALL BY THESE PRESENTS:
That said De�eloper, ac�ing herein by and through Bryan N. flllitchelf, i#s
duly aut�orized Vice President of S& M Building Corporaiion, the Generaf
Partner and t�e City, acting herein by and through Mrke Groomer, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
conditians contained hereir�, da hereby agree as fo�lows:
-�K���A �'�'�
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SECTION ONE
COMMUNITY �ACILITIES aGREEMENT
#o install
WATER AND SEWER SERVICES
for
���°►� �R��FZ �I��►4 O��SI�� �����
A. The City agrees to permit the Devekoper to 1�t a contract for, in accordance
wi�h its accepted practices, ordinances, regula#ions, and the pra�isions of
the City Charter, and subject to #he requirements of the City's Charter, and
subject to the requirements of the Ci#y's Policies and Regulations for
Installation of Community �acilifies, ali as current at the fiime of installation:
V9dr4��R �ACI�IYI�� serve the {ots as shown on #he attached Exhibit _�,
and S�eNI�'A�Y S�Fl4��R �ACf�I�I�S #o serve the lots as shown on the
attached Exhibit A�� all in accordance with pians and sp�cifications to
be prepared by pri�ate engineers employed by the De�eloper and
appro�ed by the Water Department.
B. The City agrees to allow ti�e De�eloper to install, at hi� expense, a� the
time all other water mains in fihis addition are installed, a service line for
eacf� lot as shown on the attached Exhibit �. The estimated cost of
these serv[ce lines is $ 0. The City agrees to record the loca�ion of each
said service line in r�spect to the corner of the Iot served, and to retain
said records in its possession.
C. The construction cost of the water facilities herein concerned, exciusi�e of
servEce lines and engineering is estima�ed to be IVo Dollars �0) .
D. The City agrees to allow the De�eloper to install, at his expense, af the
time all other sanitary sewer mains in this addition are installed, a service
iine for each lat as shown on the attached Exhibit pe�'9 . The estimated
cost of these service lines is $ 0. The City agrees to record the locatian of
each said service line in respect �o the corner of fihe lot s�rv�d, and to
retain said records in its possession.
E. The construcfion cost of the sanitary sewer facilities to be installed
hereunder, exclusirre of service lirtes and engir�eering, is estimated to be
�hr�e Fiundred �nd �ix�-R�ine ihou�and, �i�+e F�undPed_ Pfinety�Five
Dollars (�369,���).
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��OJECT N�19�E: ��A� �R��fr� V1ST°�4 �(���li� ����R
F. Prior to allowance of the construction con�ract by Developer, the Developer
agrees to prouide accep�able financial guarantee to #he city for 100 percent
of fhe construction costs along with payment of any Ordinance costs and
fees thaf are applicable. Prior to the award of the constr�ctian contract by
the City or the commencing of any work by �he City or its contractors, the
Develaper agrees fo pa�r to the City:
(1) (a) One Hundred perce�t (1 DO%) of the De�eloper's cos# of all water
and sanifiary sewer facili�ies within the development, exclusive of
engineering and service costs, sized to provide water and sanitary sewer
service witY�in the de�elopment.
(b}One hundred percent (100%) of the Developer's cost o'F all
approach water and sanitary sewer facilities outside the limits of the
development sized to prouide water and sanitary sewer setvice to #he
de�elopment.
(c) One hundred percent ('100°/a) of the Developer's cost of any
approach water main facility or water facility within the development that 'rs
8-i�ches in size for non-industrial de�elopment and 12-inches in size for
industrial developmen#.
(djOne hundred percent {100%} of the Qeveloper's cost of any
approach sanitary sewer main facility or sanitary sewer facility withir� the
development that is 8-inches in size.
(2) An additional ten percent (10%) of #he total of the Developers cos#
of these water and sanifiary sewer facilities, exclusive of cost of servEce
lines, is required for design engineering if such eng�neering is perF�ormed
by the City at the De�reloper's request.
(3) One hundred percen# (1d0%) ofi the Developer's cost of all service
lines, estimated under 1-B and 1-D abov�e, in accordance with the
pro�isions of the current Fort Worth City Code.
(4) A construction lnspection Fee equal to two (2%) of the Developer's
actual cost share of fhe construction cost (including all services} of the
water and/or sanitary sewer facilities.
G. The distribution of estimated construction cost between tt�e City a�d the
De�eloper, as per paragraph 1-F abo�e, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
I-2
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f������� fdAf��: ��f�R CRI��Ft 1SlSid �FFSITE S�IId9s�ft
(1) IIVdi�l� r��eCll.elilFS :
Estimated �`*
De�elvper Estimated Total
Cost City Cost Cost
(a) Mains, Within
Devefopment $ -D- $ -0- $ -0�
Approach $ -0- $ -0- $ -0-
(b) Easements* $ -0- $ -0� $ -D-
(e} Senrices
0 - single 1 ") $ -0-
(d)Park Participation $ -0-
Sub-Totals, Water $ -0-
$ -0-
$ -D-
� -o-
$ -0-
$ -0-
� -o-
[�} S�►NIi�RY 5�1f�I�R FdCl�,lil��:
(a) Development $ -0- $ -0- $ -0-
A�proach $ 253,943 $ 11 �,662 $ 369,�9v
{b} Easements * $ -0- $ -0- $ -D-
(c) Services ( 0 -4") $ -0- $ -0- $ -0-
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Tota�s, Sewer $ 253,9�3 $ 115,682 $ 369,595
{3) T'OYAe�
CON�iRUC�I�R! ��S`f: $ 253,943 $ 11�,662 $ 369,595
{4) �OI��iRU�TI�FV
IRl���CilOf� F�E : $ �,079 $ 2,313 $ 7,39�
*to be dedica�ed by the �evelaper.
** see Page I-4 for Ci#y Cost
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** CITY �RRil�I�AiIOfV BR�AK��OWN �OR:
F�FtOJ�Ci FV�I�d��: �F�R CR��K 111�ii4 ����I�� ��IiV��
O VERSIZED SEWER MAlN
(De�eloper pays up to 1 Q" sewer line; City pays ti�e difference between 30"110",
27"110", 24"1� 0" sewer line.
30"110", Sewer Line ($48-$26) *
2,Ba2 L.F. x $22 �
27"11 a" Sewer L.ine ($48-$26) *
1,34D L.F. x $�� =
24"110" Sewer Line ($48-$�.6) �`
732 L. F, x $�2 =
5'!4` �Ilanhole {$3,125-� ,293)
7 EA x 1,832 =
Subtotal
� a�,244
$ �9,��0
$ � 6,'i @4
� � �.�3�4
� 1'p 5,���
*Using Ordinance Unit Prices of 24" due to no appro�ed unit prices for 27" and
30" sewer pipe. The cast difference is based on estimafie only. Ac#ual refund to
Develop�r shail be based on Water and Sewer City Participation CFA Unit
Prices attached herewith on page I-5. City participation is Gmited to those
elements of materials contained in Ordinance No. 14552 and the amount of
participation shall be based upon the actual quantiti�s as measured in the field
mul�iplied by fhe applicab�e cost contai�ed in said ordinance.
TOTA� CITY �/���ICl�dil�fd FO� W�4��� ��PARi{9III�Ni
� � 'i q 5,6��
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�e
li�ateP and �ewrer Cify ParEicipafiion CF� �Ini� Pric��
1dVE1i�R
�ay Item
1
2
3
4
5
s
7
8
9
10
19
12
� S�IdV�Ft
Pay Item
1
2
3
� �
� �
� 6
� 7
� 8
�9
10
Unit Pric� from �e�eloper�'s
Prrojects
$ 15.Q0
$ 17.Oa
$ 24.00
$ 26,00
$ 40.fl0
$ s�s.ao
$ 1,182.00
$ 1,223.Oa
$ 6,587.Qfl
$ 2,968.D0
$ 3,534.Oa
$ 3,624.00
Unii �escription
LF 6" Water Pipe
LF 8" Water Pipe
LF �10" Water Pipe
LF 12" Water Pipe
LF 16" Water Pipe
�A S" Gate Valve wlCast Iran box & Lid
�A 10" Gate Valve wlCast lron box & Lid
EA �2" Gate Valve wlCast Iron box & Lid
EA 16" Gate Valve wlCast lran box & Lid
TN Cast IronlDuctile lron Fittings
Install 1" Air & Vacuum Release Valve
EA wNaul#
�I�stall 4" blow-Off w14" Ga�e Valve &
EA Sump Manhale
llnit f�pice fpam �er►elopep's
�rojects
$ �4.ao
$ 25.OD
$ zs.00
$ 27.00
$ 28.00
$ 38.00
$ 45.OQ
$ 48.00
$ 1,293.00
$ 3,125.OQ
Unit Desc�iption
LF 6" Sanitary Sewer Pipe
LF 8" Sanitary Sewer Pipe
LF 10" 5anitary Sewer Pipe
LF 12" Sanitary Sewer Pipe
LF '�5" Sanitary Sewer Pipe
LF 'i8" Sanitary Sewer Pipe
LF 29" Sanitary Sewer Pipe
LF 24" Sanitary Sewer Pipe
EA Standard 4' Diameter Manhole
EA Standard 5' Diameter Manhole
I-5
PFtOJ��Y f�AN��: ��� �R��� l�ISiA O��Slil� S�IiV�F�
H. The abo�e charges da not include any front foot charges for connection �o
existing ar proposed water andlor sanitary sewer ma�ns cvnstructed or to
be constructed under tl�e provisions of the "APPROACH MAIfV OPTION"
as described in Section III of the Policy for the "INSTALLATION OF
COMMUNlTY FACILITIES" adapted in April 2001. These additional
charges are as fol{ows:
1. Ap�licable to this Contract in #he amount af $ N/A.
by Cantract No. NIA dated NIA
Applicable CFA �lame NIA
Date: hl1A Numl�er NIA
I. When water facilities are installed by contract, installation of water
services will be included as part of the contract. Installation of ineter
boxes on those services may be done by the City, after completion of
construction of all relative curb and gutter work on the water facilities
project site, at a cost of $i01$135 per contract-ins#alled charg�e to be due
and payable prior to issuance of a Work Order on the water facilities
installation contract. The above charges do not apply if the De�eloper
elects to include meter box instaliation as part of the contract. However,
me�er boxes must conform City standards.
J. Within a reasonabke time after completion of the abowe referenced
facilities to be construeted by contract awarded by th�e �e�eloper,
pravided all conditions for City participation have been met, the City
agrees to pay the De�eloper the "Esfima#ed City Cost" set out in 1-G
abo�e; pro�ided, howe�er, that said payment shall be calcula�ed using the
actual construction costs and actual service costs under the pro�isions of
the current Fort Worth City Code, (said payment to be calculated as in 1-
G abo�e}, based on actual quantities as reflected in the #inal estimate paid
to fhe Contractor by the De�eloper and on the actual records ofi cost ke�t
by the City as a part of its cus#omary procedures. In fhe e�ent the
difference in the deposit and �he acfua[ costs exceeds $25, Developer
agrees to pay fo the City a�d underpayment whicf� said adjustment might
indicate as being due, and the Cify agrees #o pay to Developer any
overpaymeni.
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pFiOJ�CT NAIP�l�: B�i4�i �R��F� VISi�. OFFSITE �E��Ft
K. Work hereunder shall be completed within two (2) years from date hereof,
and it is understood that any obfigation on the par# of the City to make any
refunds with respect to water andlor sanifary sewer #acilities shall cease
upon #he expiration of iwo (2) years from date hereof, except for refunds
due from "froni foot charges" on wafer and sanitary sewer mairss, which
refunds may continue to be made far a period of ten (10) years
commencing on the ciate that approach mains are accepfed by the
Director. If less than �0% af the eligible collections due fo the de�eloper
has been collected, tYte Developer may request in writing an extension of
up to ar� additional 1 D years for col[ection of front charges. In tf�e event
waier andlor sanitary sewer facilities work is not completed within the (�)
year period, City may, at its electian, complete such wor� a# De�eloper's
expe�se.
L. It is furiher agreed and understood that any additional payment required
ofi De�eloper is to co�er only such additianal work andlor materials as
may be made necessary by conditior�s encauntered during construction,
and shall not include any change in scope of the praject.
REC�MM DED:
�
Dale A. Fissel , P.E.
Water Director
s��� ��
❑�fie
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�n����o����c� co������������
�Ai�: February 1, 2002
TO: Frank Crumb, Assistant Dir. Water Engineering
FFtONI: Dale A. Fisseler, Water Directar
SU�JECi: C�MI�IUNIiY FAGILIiI�S AGRFc�i�dl�Ni FOFt iHE
IiVSi�LI��,iION O�' liwldA��� AND 5��ft FACILIiI�S
io s�r�r�
B�AR ����FC VI�Y�► O��SIY� S�1f��Fi
Attached is a copy of fhe sewer portion of the proposed subject agreement as
reques�ed JanuaPy � 9, 2002
�� �
D I A, i• eler P. E.
�
Director ��
Water Departmen#
ROUTING AND
TRAN5MITTAL SL1P
Initials Date
Action
Approval
As Req�ested
Circulate
Commend
Coordinatian
REMARKS:
File
Far Clearance
For Corr�etion
For Your Information
In�estigate
Justify
Note and Return
Per Con�►ersaiion
Prepare Reply
See
M�
5igna#ure
WATER:
C��VI[lAAUR�IiY ��►CI�I�I�� A����IIlYI�Ni
fiar
���e� ����FZ l�I��'f�► ���Sli� ��I�d�R
ESTIMATED CITY COST ESTIMATED DEVELOPER COST
$ 0* $ fl*
SEWER $ 115,662 (2,313�') $ 253,943 (5,079*)
T�TALS: $ 115,662 (2,313*) $ 253,943 (5,079*)
� includes inspection fee.
� P�70-D7Q1701�0070
r4iT14CF�11�Y�Ni l4
C�I�ER�L I�E�UIRENf�I�TS
A. It is agreed and understood by the parties hereto that the develaper si�all
employ a civil engineer, licensed to practice in the State of Texas, for the
design and preparation of plans and specificatior�s for the canstruc�tion of alf
current improvem�nts co�ereci by this contract, subject to Paragraph B.
B. In the event the developer employs his own eng'rneer to pr�pare plans and
specifications for any or all currer�t impro�ements, the plans and specificat�ons
so prepared shall be subject to approval by ti�e department having jurisdiction.
One �1 } reproducible s�t of plans with 16 prints and 6 specifications for each
facility shall be furnished th� department hauing �urisdictian. it is agreed and
understood that in the e�ent of any disagreement an the plans and
specifications, the decision af the TransportationlPu6lic Works Department
Director, andlor Water Department Directar will be final.
C. It is further agreed and understoad l�y the parties hereto that �pon acceptance
by the City, title to a11 facilities and impravements menti�ned hereinak�ove shall
be vested at all times in the City of Fort Worth, and developer hereby
relinquishes any right, iitle, or interest in and to said facilities or any part
hereof.
D. It is further agreed that the decision of the City to not collect funds for "future
improvements" reauired in previous CFA agreements does not canstitute an
obligation on the part of the City to construct such "future impro�ements" at
its expense.
E. Work hereunder shall be completed within tWvo (2] years from date hereof, and
it is undersiood that any abligatian on the part of the Cify to mal�e any refunds
with respact to wafier andior sanitary sewer facilities shall cease upon the
expiration af fiwo {2j years from date hereof, except for refunds du� fram
"front foot charges" an water and sanitary sewer mains, which refunds may
con�in�e to be made fior a period of ten (10} years commencing on the date
that approach mains are accepted by the Director. If less fihan 70% of the
eligible collections due to the de�eloper has been collected, the Developer may
request in writing an extension of up ia an additional � 0 years for collection of
front charges. If the construction under the Community Facilities Contract
1
shall �a�e started within the two-year period, fhe life of the Communi�y
Facilities Contract shall be extended for an addifiional one-year period.
Community Facility Con�racts not completed within the �ime periods stated
above will require renewal of the contract with all updated agreements l�ezng in
compliance with the policies in effect at the time of such renewal. Developers
must recognize that Gity funds may nat be available to pay all or a portion of
the normal City share for renewal cantracts. It must be understood by all
parties to the Comrr�unity �acilities Contract that any of the facilit�es or
requirements included in the contract that are to be performed by the
develop�r, but not performed by the developer withir� the time periods stated
above, may be completed by the Ci�y at the developer`s expense. The City of
Fort Worfih shall not be obligated to make any refunds due to the developer on
any facilities constructed under this agreement until all provisions of the
agreernent are fulfilled.
F. P�R�4RMANCE AND PAYMENT GUARANTEES
1. �or !�l�ater and Sanitary Sewer �acilities:
Perfiormanee and payment bonds, or cash d�posifis, acceptable to the
City are required to be furnished by fihe developar for the installatifln of
water and sanitary sewer facilities,
a. Where the develaper lets ths construction cantrac� for water and
sanitary sewer facilities, p�rformance and payment bonds shall be
eposited, in the arnount of on� hundred percent ('f 00%} of the
estimated cast of construction, cash deposited sha11 be in the
amount of one hundred twenty-five percant (125%j, as stated
in the construction contract, is requir�d to b� furnished
simultaneous with execution of the construcfiion contract.
b. Where the City lets the contrac�, performance and payment bonds
shall be deposited, in the amount of ane hundred percent {100%}
of the �stimated cost of cansfiructiQn as stat�d in the construction
contract, is required prior to issuance of a work arder by the City.
4. �vpes Of �t�arantees:
2
a. Developer Bands: Are required for the construction of water
a�dlor sewer, the following terms and conditions shall apply:
(1 j The bnnds will be standard developer bands pro�ided by a
licens�d surety campany on forms furnished by that surety
company.
�2} The bonds will be subject to tMe review and approval by �he
Ci#y Attorney.
S3} The bond shaEl be payable ta the City and shall guarantee
performance of the water and sewer canstruction
contemplated under �his contract and shall guarantee
payment for al[ labor, materials and equipment furnished in
connection with the water and sewer construction
contemplated �nder �his contract.
(4j In order for a surety company to be acceptable, the name of
the surety shall be included on the current U.S. Treasury list
of acceptable sureties, and the amount of bond written by
any one accepfiable company shall not exceed the amaunt
shown on the Treasury list for tl�afi campany.
b. Cash Deposits: A cash deposit shall b� acceptable with
verification and s�ch depasit shall be mad� to fihe City of Fort
Warth. The City of Fort Worth will not pay interest on any such
cash deposit.
(� i The cash deposit shall be adjusted to one hundred tw�nty
five percent �125%} of the actual bid price. No cantract
shall be awarded and no work order shall bs issued until
such adjustment is made.
(2j When a cash deposit is made, the additional twenty-five
percent (25%j beyond the one hundred percent � 100%j of
the estimated deueloper's share represents additional funds
for change orders during the course af fihe project. This
3
twenty five percent {25%) shall be considered the
de�elop�r's change order fund.
c, Escrow pledaes
d. Pledc�e Aqreements
e. Letters of Credit
f. Completion Anreements
5, �u�pose, �erm and Renew►al o� �uaPantees:
a. De�eloper bonds, and cash deposits furnished hereunder sl�all be
for the purpases of guaranteeing satis�factory campliance by the
deve[oper with all requirements, terms and conditions of this
agreement, including, but not limited to, �he satisfactor�
completion of the improvements prescribed herein, and the making
of paymen#s to any person, firm, carpara�tion or other entity with
whom the developer has a direc�t contractual rela#ionship 'for the
performance of warl� hereunde�.
b. Developer shall ke�p said developer bonds, and/or cash deposits in
full force and effect until such time as deve�oper has fully
complied with the terms and conditians af this agreemen�, and
failure to kee� same in force and effect shall canstitute a default
and breach of this agreement,
H. The City shall assume its share of th� cost ofi the im�aravements covered by
this agreemer�t along with the engineering fee only if funds are available for
such participation. In the �vent fihat no funds are available for City
participation, the developer shall award the contract and deposit with the City
a developer bonds or cash for 100 percent of the estimated total construction
cost of the improvamer�ts [pfus ten percent t25%j �for engineering and
miscallaneous casts if the City prepares the plans].
I. Dn all facilities incl�ded in this agreement for which the developer awards its
own construction contract, the developer agrees to follow the tollowing
procedures:
1. If #he City participates in the cost of the facilities, the construction
contract must be advertised, bid and awarded in accordance with State
s�tatutes prescribing the requirements for the letting of contracts far the
�
construetion af pubiic war�C. This includes ad�ertising in a local
newspaper at least twice in one or mare newspapers of general
circulation in the county or counties in which the work is to be
performed. The second publication must be on or before the tenth
(10th) day before the first date bids may ba submitt�d. The bids must
b� opened by an officer or �mployee of tf�e City at or in an office of the
City.
2. To employ a construction cantractar, who is approved by t�e Director of
the Department ha�ing jurisdiction over the faciiity fio be so constructed,
said cantractor t4 meet City`s requirements for being insured, licensed
and bonded to do w�rk in public right of way.
3. To requir� the contractar to furnish to the City payment, performance
and maint�nance bonds in the names of the Cifiy and the developer for
oRe hundr�d percent i100°/a} of the contract price of the facility, said
l�ands to be furnished before work is commence. Deveioper further
sha{I require the contractor to provide public liability insurance in the
amounts required by the City's specificatians covering that partieular
work.
4. To give 4$ hours notice to the department having jurisdictian of intent
to commence caRstruction of the facility so that City inspection
personnel wil{ be available; and to require the contractor to allow the
canstruction to be subject to inspection at any and all times by City
inspection forces, and not �to install any paving� sanitary sewer, storm
drain, or water p[pe unfess a responsible City inspector is present and
gives his consent to praceed, and to ma�.e such laboratary tests of
materials being used as may be r�quired by the City.
5. To secure approval by the Director af the Department having jurisdiction
of any and all partial and final payments to the contractor. Said
appraval shall be subject to and in accordanc� with requirements
of this agreement, and is not to constitute appro�al of the
quantities of which payment is based.
6. To delay connections of buildings to servic� Iines of sewer and water
mains �onstructed under �his contract �tntil said sewer and water mains
5
and service lines have been completed to the satisfaction of the Water
Department.
7. It is expressly understood by and }a�tween the developer and the City of
Fort Worth, that in the event the developer elects to award one single
constructian cantract for storm drainage and pavement, said �ontract
shall be separated in the bidding and City participatioh, if any, shall be
limited to the lowes� possible combination of bids as ifi each of the
above were awarded as separate contracts.
J. Anything to the contrary herein notwithstanding, for and in consideration of
the promises and the covenants herein made by the City, the develo�er
covenants ar�d agrees as follows:
1. The develaper shaA make separate elections wi�h regarc� to water andlor
sanitary sewer facilities, storm drainage, s�reet improvements and street
lights as to whether the work prescribed herein shall f�e performed by
the City, or by its contractor, or by the developer, through its
contractor. Each separate election shall be made in writing and
delivered to City no later thar� six (6j months prior to the expira�tion af
this agreement. In the event any o�F such separate elections has not
been made anct delivered to City by such date, ifi shall be conclusively
presumed that the developer has el�cted that suc� wor� be performeci
by the City in accordance with all of th� terms of this agre�ment, and in
particular Paragraph V-F hereof.
2. Irrespective of any s�ch election and whether the war[� is to be
per#ormed by the City, or by its contractor or by the developer through
its contractor, the develaper covenants and agrees to defiver to the City
a perfarmance and pay�ment guarantee in accordance with the provisions
afi this agreement.
3. In addition ta the guarantee required in the preceding paragraph, i� the
event developer elects that the work be performed by the City, nr by the
City's cantractor, or such election is presumed as provided above, the
dev�lop�r covenants and agrees to pay to the City the developer's share
of the astimated construction cosfis. The amounfi of such estimated
payment shall be comput�d as set out in Sections « 5» hereof, based
�
upon the lowest resp�nsive bid for such wor�, as determined by� City, or
upon a cost estimated to be performed by City farces prepared by the
City, as appropriate, and shall be sub�ect to adjustment to actual costs
upon final completion of the subjec� work. Such estimated payment
shai! be made promptly upon d�mand by City, it being und�rstood that
such payment will be made after the receipt of bids for work, but in
e�ery case prior to the award of any constructian contract, unless
otherwise specifically set out t�erei�.
4. Developer further co�enants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its officers,
agents and ei-nployees from and against any and all claims, suits or
causes af action of any nature whatsoever, whether reai or
asserted, brought for or on account of any injuries or damages ta
persons or Qroperty, including death, resulting from, or in any way
connected with, this agreement, or the construction of the
impravements or facilities described herein, e�+hether o� not caused, in
whole or in part, bv the neqliqence of ofFicers, aqents, or emplo�ees, of
the �it�+. In addition, the develaper covenants to indemnify, hold
harmless and de�end the City, its officers, agents and employees from
and agains�' all claims, suits, or causes or actian of any nature
whatsoever bro�[ght �or, or or� account of any injuries or damages to
properly safeguard the work or an accaunt of any act, intentianal or
otherwise, neglect or miscanduct of the developer, its contractors,
subcontractors, agents or employees, �►hether or not Caused, in
v�+hole or rn part, h� the negliQence of officers, aqents, or emplovees of
the GitY.
5. Developer covenants and agrees that �t discriminates against na
individual involving emplayment as prohibited by �he terms of 4rdinance No.
7278 ��as amended by Ordinance No. 740Dj, an ordinance prohibi�ing
c�iscriminatian in employment practice because of race, creed, calar, reIigion,
nafiional arigin (except for illegal aliens}, sex or age, unless sex ar age is a
bonafide occupatianal qualification, sul�cvntractor or employment age�cy, either
furnishing ar referrir�g applicants to �uch developer, nor any agent of devefoper
is discriminating against any individual involving employment as prahibited by
the terms of such Ordinance No. 7278 �as am�nded by Ordinance No, 7400}.
tl
K. Venue of any action broughi F�er�under shall be in Fort Vllorth, Tarrant County,
Texas.
L. Th� City's Policy for the Ins�allation of Cammunifiy �acilities, as adopted by the
City Council on March 20,2041 in M&C G-131 � 1, is �ereby incarparated
herein by reference, and Developer covenants and agrees to comply with said
Policy as a condition of this con�ract and as a condifion to the platting of the
subject property,
Developer and City agree tha# this Agreement represents the complete and
exclusive statem�nt of tF�e mutual understandings of the parties and that this
Agreement supersedes and cancels all previous writ�en and oral agreements
and communications related to the subject matter of this Agreement.
S
IN TESTIMONY WHEREOF, fihe City of Fort Warth has caused t�is ihstrument to be
executed in quadruplicat� in its name and on its behalf by its City Manager,
attested by its City Secretary, with the corporate seaf of the City affixed, and
said De�eloper has ex�cuted this instrument in quadrupficate, at Fort Worth,
Texas this t�e � day of �u.� , 20 ����.
APPR�VED AS TO FORM AND
LEGALITY:
����
Gary J. 5teinberger
Assistant City Attorney
AT EST:
Gloria Pe ��on
City Se�etary
_ �..� � � � ��
{�o�t�a�t �ru�hori�a��i�n
�-� f � � �, �
�at�:
RECOMM�ND�D:
�
Dale A. �iss�le� P.E.
Direcfior, Water
Department
CiTY O� �ORT W4RTH,
By
nt City Manager
�
Developer:
BY
�''�- ,j' /� r�c.�c�-
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Title o� Representative for Developer
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EXIYIBIT "B"
OFFSlTE SANITARY S�1NEf?
FOR
8E4R CREEK ViSTA, PNASE 1
LEGENU �
� PROPOSEb SEiYER I.iNE
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� E�STIhiC SL�A�'H LiNP
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City of I�''o�t �orth, T'exas
�layor ��d Co�nc�! Con�mu�ic��ion_�
QAT� . REFERENCE NUMB�R LOG NAME PAGE
4�23�02 �-1905� 60BEAR 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT W1Th �vic i�c����� I�"�ESTMENT GROUP,
LIMITED PARTNERSHIP FOR CONSTRUCTI4N OF O�FSITE SEWER SERVICES T�
SERVE BEAR CREEK VISTA
REC�MMENDATION:
It is recommended that the City Counci! autharize the Cifiy Manager to execute a Cammunity Facilities
Agreement wiih Metroplex Investment Graup, Limited Par�nership for the installation of offsite sew�r
services to serve Bear Creek Vista, a future single-family development, an Golden Triangfe Boulevard
and Alta Vista Road in north Fart Worth.
DISCUSSION;
Metraplex lnvestmenf Group, Limited Partnership, the der►eloper of Bear Greek Vista, has exec�rfed a
Proposed cantract for cammunity facilities to serve a 273 single-family hame dev�[opment located ir�
north Fort Worth, on Golden Triangle Boulevard and Alta Vista Road (see attached mapj.
Tf�is project pro�ides larger sewer Eir�es, which are expected to improve additional developments in the
immediaie vicinity.
The total cost for offsite sewer im�rovemenis for this development is $369,595 plus construc#ion
inspection fees. There will be Ci#y participation in offsite sewer pipe oversizing fram 10-inch to 24-inch,
27-inch, and 30-inch. In additian, manhole sizes will be inc�eased fram 4-feet in diameter to �-feet tn
increase pipe capacity #a Bear Creek Vista.
ESTIMATED COST:
PROJECT C�ST
SEWER
EASEMENTS
INSPECTION
TOTAL
DEVELOPER
C1TY
TOTAL
$2�3,943
$ �
$ 5,079
$259,022
This de�elopment is located in COUNCiL D15TRICT 4.
$115,fi62
$ 0
$ 2.3'� 3
$117,975
; +,
$369,605
$ 0
$ 7,392
$376,997
��;
s
�`ity of'�'o�t YTTo��h, Texas
�1�yor ��d Cour�c�l Commu�lc�-�ion_
DA7E R�F�RENC� NUMBER LOG NAM� PAGE
4123102 ��� �Og9 60BEAR � 2 of 2
SUBJECT COMMUNITY �ACILITIES AGREEMENT WITH METR�PLEX INVESTMENT GR�UP,
LIMITED PARTNERSHIP FQR CONSTRUCTION OF OFFSITE SEVIIER SERVICES TO
SERVE BEAR GREEK VISTA
FISCAL lNFORMATIONICERTiFICATION:
The Finance Director certifies tl�at funds are a�ailable i� the current capita! budget, as appropriate�, afi
#he 5ewer Capital Pro�ects Fund.
BG:n
8ubmitted for Clty Manager's
Oftice �y:
Bridgette Garretfi (Acting) 6lA0
�riginating Department Head:
Tlale Fisseler
Additional Information Contaci:
8247
Dale Fisscler 8207
� FUND I ACCOUNT I CENTER � AMDUNT C1TY SECRETARY
!(to) — �- -
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j (fram) .�{� ' I APPROVED fl4/23/02
P170 539140 070'[7D14QD7U $195,682.00 �
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